Court No. - 13
Case :- WRIT - A No. - 20063 of 2009 Petitioner :- Smt. Kamla Singh & Ors Respondent :- State Of U.P. Thru Secy. Basic Edu. & Ors Counsel for Petitioner :- K.C. Saxena,Birendra Pratap Singh,Hritudhwaj Pratap Sahi,K.C.Srivastava,Siddharth Khare,V.P. Mishra,Vijay Kumar Singh Counsel for Respondent :- C.S.C.,P.D.Tripathi
Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the State respondents and Sri P.D. Tripathi, learned counsel for Basic Shiksha Adhikari.
The grievance of the petitioners is that in spite of appointment being made and approval granted and their continuance in the Institution at the time when the Institution was brought to grant in aid vide order dated 02.12.2006, they are not being paid salary.
Admittedly, the requisite conditions for bringing an Institution on grant in aid has been fulfilled in view of the infrastructure this Institution was already having and the teaching and non- teaching staff, as per the norms, were already there. These were the basic pre-requisites on the basis of which the Institution was brought on grant in aid and name of Institution figures at serial no. 109 of the list appended to the order dated 02.12.2006. The Committee of Management had forwarded the details of the teaching and non teaching staff working in the Institution along with their qualifications at the time when the Institution was brought on grant in aid as the Manager Returns contained all these facts and there is no dispute about this fact. Reiteration vide letter dated 20.02.2007 has also been done by the Manager himself which was received in the office of Additional Director (Basic Education) through proper channel and in spite of this, the petitioners are not being paid salary.
The stand taken by the State respondents in the counter affidavit is, that these teachers working in the Institution, were B. Ed. qualified as their training degree is B. Ed. and not the BTC and therefore, their very appointment in the Institution was not valid.
It is worth noticing that the Basic Teaching Certificate (BTC) which was earlier a requisite qualification for the teachers to be appointed in a recognized Junior High School, has come to be amended by Amending Act dated 12.06.2008 and a regular B. Ed. degree from duly recognized Institution has been prescribed as also minimum training qualification at par with certificate of teaching e.g. Junior Teaching Certificate, Basic Teaching Certificate and Hindustani Teaching Certificate and therefore, not only these teachers have been teaching for a number of years in the Institution, even prior to the Institution being brought on the grant in aid, but they are now today standing at par in terms of training qualification with the training certificate as prescribed for under the Rules. One cannot lose sight of the fact that even in the schools being run earlier by the Basic Education Board there were teachers working in untrained grade and for that also exemption from training was prescribed for. Meaning thereby, the State has considered such teachers time and again to be competent enough to undertake teaching in such Institutions imparting eduction upto Class VIII.
Learned counsel for the petitioner states that there is a large number of Junior High Schools in the State where B.Ed. qualified teachers have been teaching and such institutions were brought on grant in aid with such teachers or staff and were paid salary.
Sri Tripathi, learned counsel appearing for B.S.A. states that he is not in a position either to accept or deny, whether, the Institutions where teachers were working with the training qualification of B.Ed were brought on grant in aid or not or being paid salary or not.
I am of the considered opinion that the matter requires to be revisited by the authorities concerned, keeping in mind that there are Institutions, where such teachers having B. Ed. qualification have been paid salary from the public exchequer. The authorities shall examine the matter from this angle as well.
If there are Institutions, where B. Ed. trained teachers have been granted salary from the public exchequer after the Institution brought in grant in aid, the petitioners' claim shall also be revisited in the light of the B. Ed. qualification being introduced in the relevant rules concerned and proper decision, in accordance with law shall be taken within three months from the date of production of certified copy of this order.
The writ petition is disposed of with the aforesaid observations/ directions.
Order Date :- 24.4.2018 IrfanUddin